Civil Code (Cap. 16), article 70A

70A. (1) Whenever the clarificati on of natural parentage of a child is required: (a) the spouse may require the spouse who gave birth and the child; (b) the spouse who gave birth may require the spouse and the child; (c) the child may require both parents; and (d) the alleged natural parent may require both spouses and the child, to consent to a genetic test of parentage and to acquiesce to t he taking of a genetic sample appr opriate for the test, which sample must then be taken according to the then current provisions of the law. (2) On the application, mentioned in sub-article (1), of a pers on entitled to clarify, the Civil Court (Family Section) may requi re any of the spouses, the child, and the alleged natural parent, as appropriate, to consent to a genetic test of parentage, and to acquiesce to the taking of a gen etic sample appropriate for the test, which sample must be taken according to the current provisions of the law: Provided that where the said consent is not given by the parties, the Civil Court (Family Section) must substitute that consent that has not been given and order acquiescence in the taking of a sample. (3) In the absence of genetic and scientific evidence, the Civi l Court (Family Section) may consi der any other evidence presente d which it deems to be relevant, including the drawing of inferen ces CIVIL CODE [CAP. 16. 39 from the fact that a person did not provide a genetic sample, d espite being ordered to do so. (4) The Civil Court (Family Section) shall dismiss the application if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the minor child, which would be unreasonable for t he child, even taking into account t he concerns of the person enti tled to bring the action. (5) A person who has consented to a genetic test of parentage and has given a genetic sample m ay require the person entitled to bring the action who has had a parentage test made, to permit inspection of the genetic test of parentage report or to provide a copy. The Civil Court (Family Section) shall decide disputes arising from the claim under sub-article (1). Cap. 12. (6) The action mentioned in sub-article (1) shall be decided by virtue of a decree, which decree may be appealed according to t he procedure contemplated in article 229(2) of the Code of Organization and Civil Procedure . Impotency.71. Repealed by : XXI.1993.37. Adultery.72. Repealed by: XXI.1993.37. Time within which to bring action for disavowal of child. Amended by: XXI.1993.38; III.2008.3. Substituted by: XXIII.2017.37.